Divorce is stressful no matter the situation, and can be especially worrisome when you’re not sure what your next steps are. In fact, you probably have many questions about your upcoming divorce and may be getting confusing information from different sources. Your divorce lawyer, first, should be able to answer all of your questions–and help you decide the best path forward.
Below, you’ll find some of the most common questions about divorce and their short answers. In some cases, you’ll find links where you’ll be able to read more–or we can discuss the specifics of your case when you come in for your free initial consultation.
Types of Divorces
Florida is a “no-fault” divorce state, which essentially means that either spouse can file and simply say that the marriage is, in legal terms, “irretrievably broken.” Florida also has two types of divorces: simple divorce and regular divorce. How long your divorce takes essentially depends on the type of divorce you will be pursuing.
A simple divorce can be done without the assistance of a lawyer (though you may want one to ensure that everything is done correctly and to minimize your own stress during an already stressful time). The simplified dissolution of marriage paperwork is filed with the clerk of court in your county, but can only be done if all parties meet eight specific criteria.
A regular divorce normally involves issues of significant marital property, alimony, or marriages that include children under the age of 18. These divorces can either be uncontested or contested. An uncontested divorce will happen when the parties involved, through their lawyers, agree on the terms for custody, property division, and alimony already and have their settlement agreement certified by the court at a final hearing. Having a knowledgeable attorney for this process is important to ensure that your agreement reflects your wishes.
A contested divorce goes before a judge because the spouses cannot or will not agree to the terms of their divorce. In a contested divorce, you need an experienced attorney to argue your case before the judge, who will ultimately make the final decision about every issue.